Welcome to the website of the Digital Media Law Project. The DMLP was a project of the Berkman Klein Center for Internet & Society from 2007 to 2014. Due to popular demand the Berkman Klein Center is keeping the website online, but please note that the website and its contents are no longer being updated. Please check any information you find here for accuracy and completeness.

Virginia Wiretapping Law

Virginia's wiretapping law is a "one-party consent" law. Virginia makes it a crime to intercept or
record any "wire, oral, or electronic communication" unless one party to the conversation
consents.Virginia Code § 19.2-62.
Therefore, if you operate in Virginia, you may record a conversation or
phone call if you are a party to the conversation or you get permission
from one party to the conversation in advance. That said, if you intend
to record conversations involving people located in more than one
state, you should abide by the recording law of the most restrictive state involved, or play it safe and get the
consent of all parties.

The wiretapping law covers oral communications when
the speakers have an "expectation that such communication is not
subject to interception under circumstances justifying such
expectations," Virginia Code § 19.2-61, But absent the
speakers' justified expecation, the law does not apply. See Belmer v. Commonwealth.
Therefore, you may be able to record in-person conversations occurring
in a public place, such as a street or restaurant, without consent. However,
you should seek the consent of one or all of the parties before
recording any conversation that an ordinary person would deem private.

Violation of the Virginia law is a felony, punishable by imprisonment and fine. See Virginia Code § 18.2-10 for more details. In
addition, while recording a telephone conversation with the consent of only one party is legal in Virginia, a
lawyer’s recording of a telephone conversation without the consent of all parties was found to be unethical under
the Virginia Rules of Professional Conduct (United States v.
Smallwood).

In addition to subjecting you to criminal prosecution,
violating the Virginia wiretapping law can expose you to a civil
lawsuit for damages by an injured party. See Virginia Code § 19.2-69.

Virginia Law on Recording Court Hearings and Public Meetings

Court Hearings

Recording is allowed in Virginia state courtrooms at the sole
discretion of the presiding judge. It is, however, flatly prohibited in
certain types of sensitive cases (e.g., those involving juveniles or
sexual offenses; however, a juvenile who is tried as an adult is excluded from the prohibition on recording. See
Novak v. Commonwealth, 20 Va. App. 373, 390-91 (1995)). Only two television cameras and one still
photographer are allowed in a courtroom at any given time. For a complete list of the statutory guidelines, see Va. Code 19.2-266.

Federal courts in Virginia, at both the trial and appellate level, prohibit recording devices and cameras in the
courtroom.

Virginia open meetings law provides that any person may
"photograph, film, record or otherwise reproduce any portion of a
meeting required to be open." However, the public body conducting the
meeting "may adopt rules governing the placement and use of equipment
necessary for broadcasting, photographing, filming or recording a
meeting to prevent interference with the proceedings." Virginia Code
§ 2.2-3707(H). But the adopted rules may not "prohibit or otherwise prevent any person from photographing,
filming, recording, or otherwise reproducing any portion of a meeting required to be open," and "[n]o
public body shall conduct a meeting required to be open in any building or facility where such recording devices are
prohibited." Virginia Code § 2.2-3707(H).

We are looking for contributing authors with expertise in media law, intellectual property, First Amendment, and other related fields to join us as guest bloggers. If you are interested, please contact us for more details.

Disclaimer

Information in this guide is based on general principles of law and is intended for information purposes only; we make no claim as to the comprehensiveness or accuracy of the information. It is not offered for the purpose of providing individualized legal advice. Use of this guide does not create an attorney-client or any other relationship between the user and the Digital Media Law Project or the Berkman Center for Internet & Society.

Main menu

Copyright 2007-19 Digital Media Law Project and respective authors. Except where otherwise noted,content on this site is licensed under a Creative Commons Attribution-Noncommercial-ShareAlike 3.0 License: Details.Use of this site is pursuant to our Terms of Use and Privacy Notice.